HomeMy WebLinkAbout20033401 HEARING CERTIFICATION
DOCKET NO. 2003-90
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1432
FOR A BUSINESS PERMITTED AS A USE BY RIGHT OR ACCESSORY USE IN THE
INDUSTRIAL ZONE DISTRICT(PARKING OF COMPANY VEHICLES AND EQUIPMENT)
IN THE A(AGRICULTURAL) ZONE DISTRICT - MARK AND KRISTI WEIMER
A public hearing was conducted on December 31, 2003, at 10:00 a.m.,with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated December 12, 2003, and duly published
December 18, 2003, in the South Weld Sun, a public hearing was conducted to consider the
request of Mark and Kristi Weimer for a Site Specific Development Plan and Use by Special Review
Permit#1432 fora Business Permitted as a Use by Right or Accessory Use in the Industrial Zone
District (parking of company vehicles and equipment) in the A (Agricultural) Zone District. Lee
Morrison,Assistant County Attorney,made this a matter of record. Jacqueline Hatch, Department
of Planning Services, presented a brief summary of the proposal and entered the favorable
recommendation of the Planning Commission into the record as written. She gave a brief
description of the location of the site and surrounding uses. She stated seven referral agencies
responded with comments that have been addressed in the Conditions of Approval and
Development Standards, no comments were received back from the Platte Valley Fire Protection
District or Division of Wildlife,and staff received five letters of opposition from surrounding property
owners. Ms. Hatch submitted a memorandum, marked Exhibit F, proposing a modification to
item #2.c of the Draft Resolution, and she displayed photographs of the site. In response to
Commissioner Geile, Ms. Hatch stated the application has been reduced from three trucks to one,
and from eight company trailers to five. She stated the site is 2.79 acres,and the applicant reduced
the application amounts due to difficulties in obtaining a commercial well. She further stated
Condition of Approval#1.Ewill require landscaping and buffering in the form of fencing and shrubs
between the neighbor to the west and along Weld County Road 66, also known as Carlton Road.
Responding further to Commissioner Geile, Ms. Hatch stated the proposed shed will comply with
the 85 Percent Rule.
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Char Davis, Department of Public Health and Environment, stated she has no comments.
Donald Carroll, Department of Public Works, stated the site is accessed from Weld County
Road 66, which is a gravel road. He stated the average daily traffic count is 150 vehicles in a
24-hour period, and there are approximately 12 homes along the mile between Highway 37 and
Weld County Road 57. Mr. Carroll stated Weld County Road 57 is a local gravel road with a daily
average of 65 vehicles north of Road 66 and 114 vehicles to the south. He stated Development
Standard#6 requires the applicant to apply dust control on the road to mitigate the concerns of the
neighborhood.
Mark Weimer,applicant,stated he originally applied for three trucks; however,this past summer he
tried to operate with two trucks and there was not enough of a profit margin,so he plans to only use
one truck. He stated he typically operates with three trailers; however,the application indicates five
to allow some flexibility. He further stated there will be no employees, he only generates two truck
trips per day, 90 percent of the time he returns home with an empty truck, and the nearby dairies
generate a large portion of the truck traffic on Road 66. In response to Commissioner Geile, Mr.
Weimer stated he has not farmed the site for two years, and he will not be able to build the shed
right away because the money was spent on this application process. Mr.Weimer confirmed the
shed is for his personal use, and he will not use it to operate a commercial business.
Responding to Commissioner Jerke, Mr. Carroll stated Development Standard #6 requires the
applicant to do dust control measures on the road once a year. Mr.Weimer stated he wants to keep
the cost down and he is a minimal impact on the road conditions; however, he is an applicator for
Envirotech and has the resources to do two applications if necessary. Responding to
Commissioner Celle, Mr.Carroll stated the dust control measure was volunteered by the applicant.
Commissioner Masden commented the applicant is only running a one-truck operation and he feels
that applying dust control once a year is sufficient. Mr. Weimer requested a slight variation to the
hours of operation as stated in Development Standard#3,and Chair Long commented variations
are allowed based on common sense,and he is willing to strike the requirement. Mr.Weimer stated
he goes east from his property and does not drove past the other houses. Commissioner Masden
moved to delete Development Standard#3. Mr.Morrison suggested receiving public testimony prior
to making any modifications.
Jesse Bannock,surrounding property owner,stated for the past year the applicant has operated on
holidays and weekends. He stated a trucking business should be restricted to commercial areas;
however, if this request is granted,he requested no operations be allowed on holidays or weekends
when area residents are more likely to be impacted. In response to Commissioner Geile, Mr.
Bannock stated his three-acre property is classified as residential. Ms. Hatch clarified the Bannock
property is zoned agricultural. In response to Commissioner Jerke, Mr. Bannock stated in the past
the applicant has had numerous trucks coming and going and switching trailers, and the beepers
for reverse brakes was very disruptive. He stated he planted a row of trees which should help in
the future,and he feels the restriction to one owner/operator will be suitable mitigation if the applicant
is restricted from holidays and weekends with reasonable hours.
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Mr. Weimer stated he never owned more than two trucks, and he has a friend who occasionally
brings a truck. He stated, if approved, he will plant Blue Spruce or Pine trees along the property
boundary to provide year-round buffering for the Bannock property. Commissioner Vaad
commented Development Standard#3 is a reasonable assurance for the neighbors,and the Board
has indicated slight variations from the hours of operation are allowable within reason.
Commissioner Jerke concurred. Mr. Weimer stated the requirement is more strict than what is
required in a residential area. Commissioner Masden commented he feels the hours of operation
are very restrictive for a private trucker, and moved to modify Development Standard#3 to allow
operations Monday through Saturday. Commissioner Geile seconded the motion. Commissioner
Vaad expressed concern because this application is to allow a commercial operation in the
A(Agricultural)Zone District,which is an exception through a Use by Special Review permit. He
stated this is a small operation, and allowing six days indicates a more intense commercial
operation. Upon a call for role call, the motion failed with Commissioners Vaad, Geile, and Long
opposed.
Commissioner Vaad moved to modify reason of approval#2.c as indicated on staff's memorandum,
marked Exhibit F. Commissioner Jerke seconded the motion, and it carried unanimously. In
response to Chair Long, Mr. Weimer stated he concurs with the change.
In response to Commissioner Masden,Ms.Hatch displayed a photograph of the site and indicated
there is adequate room to move the trucks closer to the applicant's residence. Commissioner Jerke
suggested including a condition which restricts how close the applicant can park to the western
property line. Responding to Commissioner Vaad, Ms. Hatch stated the trucks are currently parked
where the proposed barn will be. Mr.Weimer stated the trucks are parked closer to his house than
the neighbor's, which is also separated by a barn and shop. Mr. Weimer agreed to park the
company vehicles 50 feet from the property line. In response to Commissioner Jerke, Mr. Carroll
stated the property is 253 feet long and has 542 feet of frontage along Road 66. Commissioner
Vaad moved to add a new Development Standard #5 which states, "The applicant shall park
commercial vehicles no closer than 50 feet from the western property line. " Commissioner Jerke
seconded the motion and stated 50 feet will not make much of a difference for the neighbor. Mr.
Weimer concurred with the proposed addition, and stated the proposed landscaping will also
mitigate noise. Responding to Ms.Weimer, Chair Long reiterated the Board is agreeable to slight
variations in the hours of operation within reason. In response to Mr.Weimer,Chair Long stated the
equipment can be used on weekends for the applicant's own personal use.
Commissioner Vaad moved to approve the request of Mark and Kristi Weimer for a Site Specific
Development Plan and Use by Special Review Permit#1432 for a Business Permitted as a Use
by Right or Accessory Use in the Industrial Zone district (Parking of Company Vehicles and
Equipment)in the A(Agricultural)Zone District,based on the recommendations of the Planning staff
and the Planning Commission, with the Conditions of Approval and Development Standards as
entered into the record. His motion also included modifying reason of approval#2.c as proposed
by staff,adding a new Development Standard#5 regarding the parking of commercial vehicles on
the property,and renumber as appropriate. The motion was seconded by CommissionerJerke,and
it carried unanimously. There being no further discussion,the hearing was completed at 10:50 a.m.
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This Certification was approved on the 31st day of December 2003.
APPROVED:
BO OF COUNTY COMMISSIONERS
WE OURTY COLORAD
ATTEST: ateil
vid . Long Ch it
Weld County Clerk t•� � O aszP Ce Robert D. sden, Pro-T
Deputy Clerk to the
M. J. Bile
TAPE #2003-52
William H. Jerkke
DOCKET#2003-90 iti / deleR
Glenn Vaad
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1432 - MARK AND KRISTI WEIMER
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 11/04/2003)
(10/07/2003) and (08/05/2003)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and 2 Photos of Sign Posting
F. Planning Staff Memo re: Correction to Reason of Approval
#2.c
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 31ST DAY OF DECEMBER, 2003:
DOCKET#2003-90 - MARK AND KRISTI WIEMER
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